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  5. METI Releases Revision of the Interpretative Guidelines on Electronic Commerce and Information Property Trading

METI Releases Revision of the Interpretative Guidelines on Electronic Commerce and Information Property Trading

July 27, 2018

From the standpoint of enhancing predictability for markets involving electronic commerce and trading of information property, the Ministry of Economy, Trade and Industry (METI) periodically revises the Interpretative Guidelines on Electronic Commerce and Information Property Trading, the first version of which was issued in 2002, by reorganizing the interpretations of the Civil Code and other relevant laws.

METI hereby releases the latest Guidelines which were revised taking into account changes in trade environments brought about by AI, blockchain technology and other advanced technologies.

1. Outline of the Interpretative Guidelines on Electronic Commerce and Information Property Trading

The Interpretative Guidelines on Electronic Commerce and Information Property Trading were formulated in March 2002 with a view to enhancing predictability for concerned parties and contributing to the facilitation of trade by clarifying how the Civil Code and other relevant laws are applied to various legal issues related to electronic commerce, information property trading, etc. (the guidelines were originally titled “Interpretative Guidelines on Electronic Commerce” as of March 2002).

With the cooperation of academic experts, related ministries and agencies, consumers, and the business community, METI presents an approach to the interpretation of the existing laws. METI anticipates that this approach will serve as an indicator for interpreting such laws surrounding electronic commerce and information property trading.

Since the formulation of the original guidelines in March 2002, METI has revised the guidelines as necessary, in accordance with situations in trade practices, technological trends, and the development of international and internal rules surrounding electronic commerce and information property trading. In this context, METI has revised the guidelines based on the results of deliberation by the Working Group on Rule Establishment for the Business Utilizing IT under the Information Economy Subcommittee of the Commerce, Distribution and Information Committee of the Industrial Structure Council.

2. Details of the revision

The following points of contention have been revised.

(1) Points of contention that need to be revised to address changes in trade environments

 

(2) Revision in line with the revision of the Ordinance for Enforcement of the Act on Specified Commercial Transactions

(3) Deleted point of contention

(4) Other revisions

Note: For details of the revision, see the appendixes attached to the Japanese language news release.

3. Call for public comments for future revision

METI will revise the Interpretative Guidelines on Electronic Commerce and Information Property Trading as needed to address changes in trading practices, technical trends, progress in development of international rules and other

Send your comments to:

Address: 1-3-1 Kasumigaseki, Chiyoda Ward, Tokyo (postal code: 100-8901)
Division in charge: Information Economy Division, Commerce and Information Policy Bureau, METI
Facsimile: 03-3501-6639
Email address: ecip-rule@meti.go.jp

Note: When you send comments, please use the title “Comments for the Interpretative Guidelines on Electronic Commerce and Information Property Trading” at the top of your facsimile or as the subject line of your email.

Division in Charge

Information Economy Division, Commerce and Information Policy Bureau

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